Bill H.4320
187th (2011 - 2012)

An Act authorizing the Commissioner of Capital Asset Management and Maintenance to convey a certain parcel of land to the town of Halifax

Bill Title: An Act authorizing the Commissioner of Capital Asset Management and Maintenance to convey a certain parcel of land to the town of Halifax

By Representative Calter of Kingston and Senator Kennedy, a joint petition (subject to Joint Rule 12) of Thomas J. Calter (by vote of the town) relative to authorizing the Commissioner of Capital Asset Management and Maintenance to convey a certain parcel of land to the town of Halifax. State Administration and Regulatory Oversight. [Local Approval Received.]

SECTION 1. Notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws or any general or special law to the contrary, the commissioner of capital asset management and maintenance, in consultation with the department of fish and game, may convey a certain parcel of state-owned land in the town of Halifax to the town. The parcel contains approximately 17.65 acres, as shown on a plan entitled “Burrage Pond WMA – Elm Street Entrance, Halifax, Proposed Conveyance,” a copy of which is on file at the department of fish and game and the boundaries of which shall be agreed upon by the department of fish and game and the town of Halifax; provided, however, that the department of fish and game shall retain no less than seventy (70) feet of frontage on Elm Street for the purpose of public access to the Burrage Pond Wildlife Management Area parking lot. The conveyance is made in consideration of a settlement agreement for equitable relief in a complaint in Plymouth Superior Court, Docket number CV2002-00557. The agreement was entered into between Northland Cranberries, Inc., the department of fisheries, wildlife and environmental law enforcement, now known as the department of fish and game, and the town of Halifax in June, 2002. The exact boundaries of the parcel shall be determined by the commissioner of capital asset management and maintenance in consultation with the commissioner of the department of fish and game after completion of a survey. The parcel shall be conveyed by deed without warranties or representations by the commonwealth.

SECTION 2. Notwithstanding any general or special law to the contrary, the department of fish and game shall be responsible for all costs and expenses of the transaction authorized in this act, up to $10,000, subject to appropriation. Such expenses shall include but not be limited to, the costs of any engineering, surveys, title examinations, recording fees and deed preparation related to the conveyance of the parcel and all costs, liabilities and expenses of any nature and kind for its ownership. The town of Halifax shall acquire the property thereon in its present condition.

SECTION 3. Notwithstanding any general or special law to the contrary, the town of Halifax and the commissioners of capital asset management and maintenance and fish and game shall take all actions they deem necessary or advisable in their sole discretion to carry out the conveyance as set forth in this act, including, without limitation, the execution of any and all documents relative thereto.

An Act authorizing the Commissioner of Capital Asset Management and Maintenance to convey a certain parcel of land to the town of Halifax

Petitioners:
Thomas J. Calter

City/Town Approved: Yes
( Halifax )

Emergency Preamble: Yes

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